ASCAP LATIN MUSIC AWARDS OFFICIAL RULES AND REGULATIONS 2016

Transcription

1 ASCAP LATIN MUSIC AWARDS OFFICIAL RULES AND REGULATIONS 2016 The 24th Annual ASCAP Latin Music Awards will be held on May 11, 2016 (see Awards Celebration in Section 10 below). These Official Rules and Regulations (the Rules ) govern the ASCAP Latin Music Awards (individually and collectively, the Awards ), including, but not limited to, eligibility, winner selection process, and award criteria. BY PARTICIPATING IN THE AWARDS PROCESS AND CELEBRATION, ALL PARTICIPANTS ( PARTICIPANTS ) AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REGULATIONS AND THE DECISIONS OF ASCAP, WHICH ARE FINAL AND BINDING IN ALL RESPECTS. VOID WHERE PROHIBITED. 1. PRESENTER The Awards are presented by the American Society of Composers, Authors and Publishers ( ASCAP ), 1900 Broadway, New York, New York GENERAL ELIGIBILITY A. Song Eligibility Musical compositions ( Eligible Songs ) eligible for Awards consideration are those works in the ASCAP Repertory (see below) as of the date that is 8 weeks prior to the date of the Award Ceremony as set forth above (referred to herein as the Date of Determination ) (1) the lyrics for which are substantially in the Spanish language and (2) for which at least (a) one writer or publisher member of ASCAP in good standing has an interest, and/or (b) one writer member of an Affiliated Society (defined below) in good standing has an interest. An Affiliated Society means a performing rights organization with which ASCAP has a written and binding agreement that authorizes ASCAP to license musical compositions owned or controlled by such entity to licensees in the United States on a nonexclusive basis. A musical composition, however, shall not be an Eligible Song from and after the time that ASCAP has received effective notice(s) from member(s) of the intent to remove the work from the ASCAP Repertory. ASCAP Repertory is defined in the Compendium of ASCAP Rules and Regulations, and Policies Supplemental to the Articles of Association, which is available on ASCAP s website. B. Member Eligibility A writer (each an Eligible Writer ) or publisher (each an Eligible Publisher ; Eligible Writers and Eligible Publishers are collectively referred to herein as the Eligible Members ) is eligible for Awards consideration if such writer or publisher is in good standing as of the Date of Determination in accordance with this Section 2.B. For a writer or publisher member of ASCAP to be in good standing, such writer or publisher must have been elected to membership in ASCAP, be

2 eligible to vote at General Meetings of ASCAP and have not, as of the Date of Determination, either (i) resigned from membership, or (ii) delivered an effective notice of intent to resign from membership. For a writer member of an Affiliated Society to be in good standing, such member must, as of the Date of Determination, be a current member of the applicable Affiliated Society in good standing within the meaning of such Affiliated Society s rules and regulations. For the purposes of the Awards, ASCAP recognizes publishers, co-publishers, administrative publishers and sub-publishers for the territory of the United States. Publisher members of Affiliated Societies are not eligible for the Awards. C. Disqualification ASCAP may, in its sole discretion, disqualify (1) any Eligible Song from Awards contention if at any time prior to the Awards Celebration there is no longer a member who meets the Member Eligibility criteria set forth in Section 2.B with an interest in the Eligible Song; and (2) any member from contention for Awards if, at any time prior to the Awards Celebration, the member is no longer in good standing as defined in Section 2.B. In addition, in the event that with respect to any Eligible Song, (1) there is a dispute in ASCAP s records with respect to all or any portion of the interest in such Eligible Song, and (2) ASCAP has concluded that there is a reasonable basis for such dispute, then such Eligible Song is subject, in ASCAP s sole discretion, to removal from consideration for the Awards. ASCAP encourages Participants to resolve disputes over any potentially winning Eligible Songs on or before the Date of Determination. D. Change in Ownership In connection with the sale or transfer of ownership of musical composition(s), a publisher will be considered the owner of such composition(s) for purposes of the Awards if the sale or transfer of ownership is completed, and all paperwork substantiating such sale or transfer is provided to ASCAP, on or before the Date of Determination. 3. AWARD WINNING SONGS AND TOP SONG AWARDS A. Award Winning Songs and Top Song Award in the Pop, Regional Mexicano, Tropical and Urbano Genre Categories 1. For the Pop, Regional Mexicano, Tropical and Urbano genres, Award Winning Songs and the Top Song Award are determined according to the following methodology: a) For all Eligible Songs, the total number of weeks on the Billboard Magazine Latin Airplay Chart (the Week(s) on the Chart ) is calculated as follows: For each Eligible Song, the total number of Weeks on the Chart for (i) 2015 and (ii) the last calendar quarter of 2014 are each separately calculated. Solely in the event that the 2015 Weeks on the Chart are greater than the Weeks on the Chart for the - 2 -

3 last calendar quarter of 2014, the Weeks on the Chart for such quarter shall be added to the 2015 Weeks on the Chart. b) The Eligible Songs are then placed into one of the following genre categories based on industry standards: Pop, Regional Mexicano, Tropical and Urbano. Within each genre category, the Eligible Songs are ranked from 1 to 12 based on the total number of Weeks on the Chart as calculated above (the Winning Songs ). If there is a tie in the total number of Weeks on the Chart for an Eligible Song to be ranked 12 th within a genre category, then all such Eligible Songs so tied in such category shall be eligible for the Awards. An Eligible Song must have 6 or more Weeks on the Chart in order to be considered a Winning Song in accordance with this Section 3.A. c) The Awards for Winning Songs are presented to any Eligible Member with an interest in each applicable Winning Song. 2. The highest ranking Winning Song (the Top Song ) across all genre categories will be awarded the Top Song Award. If there are one or more Winning Songs tied with the highest ranking, then the Top Song Award shall be given to all such Winning Songs so tied. The Top Song Award is presented to any Eligible Members with an interest in the Top Song. B. Award Winning Songs in the Television Theme Category The Awards for Winning Television Theme Songs are determined according to the following methodology: 1) From the Eligible Songs, ASCAP selects the musical works used as the Theme in the top 2 television shows first airing in the United States on each of the Univision and Telemundo television networks, as determined by the Nielsen ratings for the full calendar year preceding the date of the Awards Celebration. The term Theme as used herein shall have the meaning set forth in ASCAP s Survey and Distribution System: Rules & Policies. The Awards for Winning Television Theme Songs shall be determined using average of the Nielsen P18-49 US AA% rating for the full calendar year preceding the date of the Awards Celebration. If there is a tie in the Nielsen ratings needed for a show to be ranked 2 nd on each of the Univision or Telemundo networks, then all such television shows so tied shall be considered for the Award. 2) The Awards for Winning Television Theme Songs are presented to any Eligible Member with an interest in each applicable Winning Television Theme Song

4 4. SONGWRITER OF THE YEAR The Songwriter of the Year Award is awarded to the Eligible Writer with the highest Writer Score determined in accordance with this Section 4. Writer Scores are calculated for each Eligible Writer with a share in one or more Eligible Songs having at least 1 Week on the Chart, by aggregating such Eligible Writer s shares in all such Eligible Songs. The Songwriter of the Year Award recognizes the Eligible Writer with the highest Writer Score ( Songwriter of the Year ). If 2 or more writer members have the same Writer Score, Songwriter of the Year shall be awarded to all such writer members so tied. 5. SONGWRITER/ARTIST OF THE YEAR The Songwriter/Artist of the Year Award is awarded to the Eligible Writer with the highest Writer Score, as determined in accordance with Section 4, who has both written and recorded 2 or more Eligible Songs having at least 1 Week on the Chart. If 2 or more writer members: (a) have the highest Writer Score and (b) have both written and recorded 2 or more such Eligible Songs, the Songwriter/Artist of the Year Award shall be awarded to all such writer members so tied. 6. PUBLISHER OF THE YEAR The Publisher of the Year Award is awarded to the Eligible Publisher with the highest Publisher Score, determined in accordance with this Section 6. Publisher Scores are calculated for each Eligible Publisher with a share in one or more Eligible Songs having at least 1 Week on the Chart, by aggregating such Eligible Publisher s shares in all such Eligible Songs. If 2 or more Eligible Publishers receive the same total, Publisher of the Year shall be given to all such publishers so tied. 7. INDEPENDENT PUBLISHER OF THE YEAR ASCAP shall honor an Independent Publisher (defined below) through the Independent Publisher of the Year Award. An Independent Publisher is an Eligible Publisher who (1) publishes on behalf of 2 or more Eligible Writers and (2) is not owned or controlled by an affiliate of Universal Music Group, Warner Music Group, Sony Music or any of their associated labels or companies. Independent Publisher of the Year cannot be the same member as the Publisher of the Year. The Independent Publisher of the Year Award is awarded to the Eligible Publisher with the highest Independent Publisher Score, determined in accordance with this Section 7. Independent Publisher Scores are calculated for each Eligible Independent Publisher with a share in one or more Eligible Songs having at least 1 Week on the Chart, by aggregating such Eligible Independent Publisher s shares in - 4 -

5 all such Eligible Songs. If 2 or more Independent Publishers receive the same Independent Publisher Score, Awards will be given to all such Independent Publishers so tied. 8. SPECIAL AWARDS ASCAP in its sole discretion reserves the right to present Special Awards to members and others to honor them for special achievements and contributions to music and to enhance the entertainment value of the live event. These awards are determined by ASCAP event producers and staff and ASCAP is under no obligation to present such Special Awards on an annual basis. Information about the general criteria of Special Awards and past honorees is available on the ASCAP website at: 9. DECISIONS ON AWARDS NOT REVIEWABLE ASCAP s determination as to the winners of any of the Awards or whether any member or musical composition meets the criteria for any of the Awards will be final and non-reviewable. 10. AWARDS RECOGNITION The Awards will be presented at an award celebration at a date, time and location each year to be determined by ASCAP in its sole discretion (the Awards Celebration ). Awards have no cash value. 11. GENERAL CONDITIONS Attendance at the Awards Celebration is by invitation only and ASCAP reserves the right to refuse admittance to anyone. ASCAP reserves the right in its sole discretion to cancel the Awards, or to not give any specific Award described herein, at any time for any reason or no reason. ASCAP s failure to enforce any term of these Rules shall not constitute a waiver of that provision. 12. DISPUTES Except where prohibited, ASCAP members and all other Participants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Awards or any award awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate Supreme Court of the State of New York located in New York County; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Awards, but in no event attorneys fees; and (3) under no circumstances will an ASCAP member or other Participant be permitted to obtain awards for, and they hereby waive all rights to claim, - 5 -

6 indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of ASCAP members, other Participants and ASCAP in connection with the Awards, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. 13. HONOREE LIST For the name(s) of the recipients of the ASCAP Latin Music Awards, please visit: